New York Consolidated Laws
N.Y. Penal Law § 165.72 (2026)
Trademark counterfeiting in the second degree
✓ current as of May 2026
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§ 165.72 Trademark counterfeiting in the second degree. A person is guilty of trademark counterfeiting in the second degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing counterfeit trademarks exceeds one thousand dollars. Trademark counterfeiting in the second degree is a class E felony.
Notes of Decisions
Cited in 9
cases, 1994–2019 · leading case: People v. Levy, 940 N.E.2d 547 (NY 2010).
People v. Levy, 940 N.E.2d 547 (NY 2010). “As a consequence, Levy was eventually indicted and *513 tried before a jury for second-degree trademark counterfeiting (Penal Law § 165.72). A person is guilty of this crime “when, with the intent to deceive or defraud some other person or with the intent to evade a lawful…”
People v. Hong Wu, 81 A.D.3d 849 (N.Y. App. Div. 2011). “In this case, the indictment charged the defendant with trademark counterfeiting in the second degree, but omitted the statutory theory of offering counterfeit goods for sale “with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution…”
1165 Broadway Corp. v. Dayana of N.Y. Sportswear, Inc., 166 Misc. 2d 939 (N.Y. City Civ. Ct. 1995). “In the within matters, petitioner has alleged that respondents are utilizing their commercial premises in violation of Penal Law § 165.72, known as trademark counterfeiting in the second degree, a class E felony.”
People v. Levy, 65 A.D.3d 1057 (N.Y. App. Div. 2009). “Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of trademark counterfeiting in the second degree (Penal Law § 165.72) beyond a reasonable…”
People v. Kane, 14 Misc. 3d 283 (N.Y. City Crim. Ct. 2006). “On January 15, 2006 he was arrested and charged with trademark counterfeiting in the second degree (Penal Law § 165.72) and failure to disclose the origin of a recording in the second degree (Penal Law § 275.”
People v. Chen Lu, 25 Misc. 3d 299 (N.Y. City Crim. Ct. 2009). “The defendant was arraigned on a felony complaint on June 8, 2008, charging defendant with trademark counterfeiting in the second and third degrees in violation of Penal Law §§ 165.72 and 165.71. The defendant appeared before a judge on September 8, 2008, but an adjournment was…”
People v. Baride (Diayson) (N.Y. App. Term. 2019). “71) in satisfaction of an accusatory instrument that also had originally charged him with trademark counterfeiting in the second degree (Penal Law § 165.72), manufacture or sale of an unauthorized recording of a performance in the first degree (Penal Law § 275.”
People v. Kim, 163 Misc. 2d 451 (N.Y. Sup. Ct. 1994). “” Trademark counterfeiting in the second degree (Penal Law § 165.72), a class E felony, contains all of the provisions of the misdemeanor as well as the added requirement that "the value of such goods, or trademark” exceed $1,000.”
People v. Vu, 161 Misc. 2d 692 (N.Y. Sup. Ct. 1994). “The general operation of the business gives rise to count two, trademark counterfeiting in the second degree (Penal Law § 165.72). Counts one and three, however, are based solely on a single transaction which occurred on January 21, 1994.”
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